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Berger & Montague Cases

Educational Testing Service Praxis Principles of Learning and Teaching Grades 7-12

Status:Settled
Settlement Amount: $11.1 million
Practice Area(s): Consumer Protection
Berger & Montague served on the plaintiffs' steering committee and obtained an $11.1 million settlement in 2006 on behalf of persons who were incorrectly scored on a teacher's licensing exam. Plaintiffs alleged that Educational Testing Service...

Effexor XR Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. represents a class of direct purchasers of the prescription anti-depressant drug Effexor XR from Wyeth, Inc. in a case alleging unlawful efforts to delay generic entry.

Elan Corp.

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Securities Litigation
Berger & Montague announced on October 27, 2008 that a class action lawsuit was filed in the United States District Court of New York on behalf of all purchasers of American Depository Shares (evidenced by American Depository Receipts) of Elan Corporation PLC (“Elan” or the “Company”) and all purchasers of options to purchase Elan securities during the period of June 17, 2008 through July 29, 2008 (the “Class Period”) charging Elan and certain of its principal officers and directors with violations of the federal securities laws.

Employee Misclassification for many NJ Independent Contractors (New Jersey)

Status:Under Investigation
Practice Area(s): Employment Law
If you suspect that you have been misclassified as an independent contractor, we welcome you to contact us today for a free and confidential potential case evaluation.

Employees Committed for Justice, et al. v. Eastman Kodak Company

Status:Settled
Settlement Amount: $21.38 million
Practice Area(s): Employment Law
Berger & Montague, P.C. successfully represented a class of over 3,000 current and former African-American employees of the Eastman Kodak Company in their Title VII race discrimination claims. Plaintiffs alleged that Kodak discriminated against African-American employees in their employment, including with respect to pay, promotions, performance appraisals, initial job assignments, and layoffs, the creation of a racially hostile work environment and retaliation when African-American employees complained about racial discrimination.

Endosurgical Products Antitrust Litigation

Status:Settled
Settlement Amount: $13 million
Practice Area(s): Antitrust
A proposed class of direct purchasers of endosurgical products - miniaturized surgical devices used to conduct surgery through small incisions on a patient's body - has alleged that Johnson & Johnson, Inc. forced purchasers of its sutures to pay price penalties on their purchases if they bought endosurgical products from any of J&J's rivals.

Equal Pay Act Lawsuits for Pay Discrimination

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of women who claim they are performing the same work as their male counterparts but are being paid less because of their gender. This is a violation of the Equal Pay Act.

Erie Power Technologies, Inc. v. Aalborg Industries

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague represented a trustee in bankruptcy against officers and directors and the former corporate parent and obtained a very favorable confidential settlement.

ERISA Lawsuit Investigation: Financial Engines

Status:Under Investigation
Practice Area(s): ERISA & Employee Benefits
Berger & Montague, P.C. is investigating the possibility that retirement plan participants who pay for Financial Engines’ investment advisory services may be paying excessive fees.

ERISA Lawsuit: Excessive Fees Paid to Aon Hewitt by Caterpillar 401(k) Retirement Plan Participants and Participants of Other Retirement Plans

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Caterpillar 401(k), Berger & Montague, P.C. has filed a class action lawsuit against Aon Hewitt, a company that provides platform and recordkeeping services for the Caterpillar 401(k).

ERISA Lawsuit: Excessive Fees Paid to Charles Schwab Corporation by Charles Schwab Retirement Plan Participants and Participants of Other Retirement Plans

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Charles Schwab Retirement Plan, Berger & Montague, P.C. has filed a class action lawsuit against Charles Schwab and certain of its subsidiaries.

ERISA Lawsuit: Excessive Fees Paid to Fidelity by Delta 401(k) Retirement Plan Participants and Participants of Other Retirement Plans

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Delta Plan, Berger & Montague, P.C. has filed a class action lawsuit against Fidelity, a company that provides platform and recordkeeping services for the Delta Plan.

ERISA Lawsuit: Excessive Fees Paid to Retirement Plan Recordkeepers by BMO Harris Bank Retirement Plan Participants

Status:Under Investigation
Practice Area(s): ERISA & Employee Benefits
Berger & Montague, P.C. is investigating whether fiduciaries or service providers for the Employees’ 401(k) Savings Plan of Bank of Montreal/Harris have violated federal law concerning retirement plans by causing plan participants to pay excessive, unnecessary fees or by including unwise and imprudent investment options among the plan options.

ERISA Lawsuit: Excessive Fees Paid to State Farm by LifePath Funds Shareholders

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of LifePath Funds shareholders, Berger & Montague, P.C. has filed a class action lawsuit against State Farm Investment Management Corporation.

ERISA Lawsuit: Excessive Fees Paid to Voya by Nestle 401(k) Retirement Plan Participants and Participants of Other Retirement Plans

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Nestle Savings Plan, Berger & Montague, P.C. has filed a class action lawsuit against Voya, a company that provides platform and recordkeeping services for the Nestle Savings Plan.

ERISA Lawsuit: Excessive Fees Paid to Xerox HR by Ford 401(k) Retirement Plan Participants and Participants of Other Retirement Plans

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Ford Plans, Berger & Montague, P.C. has filed a class action lawsuit against Xerox HR, a company that provides platform and recordkeeping services for the Ford Plans.

ERISA Lawsuit: Teachers Investment and Annuity Association

Status:Pending
Practice Area(s): ERISA & Employee Benefits
On behalf of participants in the Washington University Plan, Berger & Montague, P.C. has filed a class action lawsuit against TIAA, a company that provides platform and recordkeeping services for the Washington University Plan.

ERISA Lawsuit: University Employees Paying Excessive Retirement Plan Fees

Status:Under Investigation
Practice Area(s): ERISA & Employee Benefits
Berger & Montague, P.C. is investigating whether fiduciaries or service providers for university retirement plans have violated federal law concerning retirement plans by causing plan participants to pay excessive, unnecessary fees or by including among the plan options certain poorly-performing investments.

Experian and TransUnion Lawsuits: Inaccurate Tax Lien Reporting

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague, P.C. has filed class action complaints throughout the United States on behalf of consumers who received Experian or TransUnion consumer reports with tax lien or other public records errors.

Fasteners Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
In re Fasteners Antitrust Litigation is a case on behalf of a proposed class of direct purchasers of fasteners, alleging that defendants engaged in a conspiracy to fix prices and allocate customers and markets for fasteners. Fasteners include zippers, snaps, hooks and eyes, rivets and other fastening devices used in apparel, garments, and footwear.

Fears v. Wilhelmina Model Agency, Inc.

Status:Settled
Settlement Amount: $21.8 million
Practice Area(s): Antitrust
Berger & Montague was Lead Trial Counsel in this antitrust class action prosecuted on behalf of a class of fashion models, after several major New York modeling agencies fixed their commissions. The case resulted in a precedent-setting decision...

Fenley v. Wood Group Mustang, Inc. Lawsuit

Status:Pending
Practice Area(s): Employment Law
The Complaint alleges that Wood Group violated the federal Fair Labor Standards Act (“FLSA”) and Ohio state law by failing to pay proper overtime compensation to employees who were paid on a “day rate” basis when those employees worked more than 40 hours in a workweek.

Ferring Pharmaceutical's Bravelle (urofollitropin) Drug Has Several Side Effects, Litigation Unfolds

Status:Under Investigation
Practice Area(s): Environmental & Mass Tort
Berger & Montague’s attorneys are investigating claims on behalf of those who took prescription drug Bravelle between March 2014 and October 2015.

First Choice Federal Credit Union v. Target Corp.

Practice Area(s): Commercial Litigation
Class action filed against Target Corporation by First Choice Federal Credit Union on behalf of financial institutions who incurred expenses as a result of the recent data breach affecting Target stores customers' data.

Fitz, Inc. v. Ralph Wilson Plastics, Co.

Status:Settled
Practice Area(s): Commercial Litigation
The firm served as sole lead counsel and obtained, after 7 years of litigation, in 2000 a settlement whereby fabricator class members could obtain full recoveries for their losses resulting from defendants' defective contact adhesives
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